asked the Minisster for Social Welfare the average lump sum settlement in non-fatal cases under the Workmen's Compensation Acts revealed in the latest statistics; and if, having regard to the maximum weekly payment of 90/- compensation, he will indicate the period after which an injured workman who had been paid an amount equal to the average lump sum would become entitled to (a) disability benefit or (b) unemployment benefit (as may be appropriate to his condition); and if that workman had obtained a similar sum at common law (independently of the Workmen's Compensation Acts), if he will indicate the period after which the appropriate social welfare benefits are payable.
Written Answers. - Workmen's Compensation: Lump Sum Settlements.
48.
According to the latest statistics available to the Department, the average lump sum settlement in non-fatal cases under the Workmen's Compensation Acts is £485.
An injured workman who accepts a lump sum of £485 in settlement of his claim to a weekly payment of £4 10s. 0d under the Workmen's Compensation Acts in respect of total incapacity would not become entitled to disability benefit until a period of 107 weeks and 5 days had elapsed from the date of registration of the agreement, even though he remained incapable of work during that time. If, however, his weekly rate of disability benefit was in excess of £4 10s. 0d. he would immediately be entitled to the difference between the two amounts, as disability benefit.
If the workman had obtained the sum of £485 damages at common law his title to disability benefit would not be affected and he would be entitled to be paid at the full appropriate rate.
As regards unemployment benefit the position is that to qualify for such benefit a claimant must, inter alia, be capable of work. The question as to whether a claimant satisfies this and the other statutory conditions for the receipt of unemployment benefit is a matter for determination by a statutory officer, that is, a deciding officer or an appeals officer. A person who has received a lump sum either under the Workmen's Compensation Acts or at common law would, as soon as he fulfilled all the relevant conditions, qualify for payment of unemployment benefit irrespective of the amount of such sum or the date of the accident in respect of which it was awarded.